Agenda of Hawke's Bay Drinking Water Governance Joint Committee

HAWKE’S BAY REGIONAL COUNCIL

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 13 February 2020

Subject: Confirmation of Hawke's Bay Drinking Water Governance Joint Committee Appointments

Reason for Report

1. This item provides the means for the Joint Committee to confirm its membership as resolved by participating organisations, which include:

1.1. Central Hawke’s Bay District Council

1.2. Hastings District Council

1.3. Hawke’s Bay Regional Council (administering authority)

1.4. Napier City Council

1.5. Hawke’s Bay District Health Board

1.6. Ngati Kahungunu Iwi Inc.

Background/Discussion

2. The Hawke’s Bay Drinking Water Governance Joint Committee was established at the behest of the Havelock North Drinking Water Board of Inquiry. This item ensures that the Committee’s membership is confirmed for the triennium.

3. By resolution of the Hawke’s Bay Regional Council, Hastings District Council and Napier City Council at their respective first meetings following the 2019 Local Elections, the Hawke's Bay Drinking Water Governance Joint Committee (Joint Committee) was re-established with the current Terms of Reference, and councillors appointed.

4. The appointments to the Joint Committee are:

4.1. Central Hawke’s Bay District Council: Mayor Alex Walker and Councillor Brett Muggeridge

4.2. Hastings District Council: Mayor Sandra Hazlehurst and Councillor Kevin Watkins

4.3. Hawkes Bay District Heath Board: Kevin Atkinson and Ana Apatu

4.4. Hawke’s Bay Regional Council: Councillors Hinewai Ormsby and Martin Williams

4.5. Napier City Council: Councillors Ronda Chrystal and Nigel Simpson

4.6. Ngati Kahungunu: Mr Ngahiwi Tomoana

4.7. Wairoa District Council: Mayor Craig Little and Councillor Denise Eaglesome-Karekare

5. The Technical Advisory Group welcomes new and returning members of the Joint Committee and looks forward to continuing our work together.

Considerations of Tangata Whenua

6. Tangata Whenua members of the Joint Committee have not been affected by the 2019 Local Elections. Subject to being advised of any changes, the Tangata Whenua member is Ngahiwi Tomoana, appointed by Ngati Kahungunu Iwi Inc.

Financial and Resource Implications

7. The Hawke’s Bay Regional Council is the administering authority for the Joint Committee. Administration costs are met by HBRC. The cost for the Independent Chairman’s remuneration and any external contracts agreed to by the Joint Committee will be shared among the agencies.

Decision Making Process

8. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

8.1. The decision does not significantly alter the service provision or affect a strategic asset.

8.2. The use of the special consultative procedure is not prescribed by legislation.

8.3. The decision is not inconsistent with an existing policy or plan.

8.4. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That the Hawke’s Bay Drinking Water Governance Joint Committee:

1. Receives and notes the Confirmation of Hawke’s Bay Drinking Water Governance Joint Committee Appointments staff report.

2. Confirms the appointments of the following as members of the Hawke’s Bay Drinking Water Governance Joint Committee

2.1. Representatives of Central Hawke’s Bay District Council – Mayor Alex Walker and Councillor Brett Muggeridge

2.2. Representatives of Hastings District Council – Mayor Sandra Hazlehurst and Councillor Kevin Watkins

2.3. Representatives of the Hawkes’ Bay District Health Board – Kevin Atkinson and Ana Apatu

2.4. Representatives of Hawke’s Bay Regional Council – Councillors Hinewai Ormsby and Martin Williams

2.5. Representatives of Napier City Council – Councillors Nigel Simpson and Ronda Chrystal

2.6. Representative of Ngati Kahungunu Iwi Inc – Ngahiwi Tomoana

2.7. Representatives of Wairoa District Council – Mayor Craig Little and Councillor Denise Eaglesome-Karekare.

Authored by:

Leeanne Hooper

Governance Lead

Approved by:

Liz Lambert

Group Manager Regulation

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 13 February 2020

Subject: Adoption of the Hawke's Bay Drinking Water Governance Joint Committee Terms of Reference

Reason for Report

1. This item provides an opportunity for the Joint Committee to review and amend or re-confirm its Terms of Reference.

Officers’ Recommendation(s)

2. Council officers recommend that the Joint Committee agrees the Terms of Reference (attached) as adopted by all participating agencies.

Executive Summary

3. The Joint Working Group (JWG) considers that the Terms of Reference remain fit for purpose and no amendments are necessary.

Background /Discussion

4. By resolution of the participating councils at their respective first meetings following the 2019 Local Elections, the Hawke's Bay Drinking Water Governance Joint Committee (Joint Committee) was re-established with appointed Councillors and Terms of Reference.

5. If any changes are agreed by the Joint Committee, the updated Terms of Reference will then be recommended back to each partner Council for adoption, in order for the changes to take effect.

Financial and Resource Implications

6. Adoption of the Terms of Reference as they stand will have no additional financial or resource implications.

7. The costs of the Independent Chair are apportioned amongst the five regional local authorities and the District Health Board.

Decision Making Process

8.1. Councils are required to (LGA sch.7 cl.19(1)) hold the meetings that are necessary for the good government of the region

8.2. Councils may appoint (LGA sch.7 cl. 30(1)(a)) the committees, subcommittees, and other subordinate decision-making bodies that it considers appropriate

8.3. Given the provisions above, the Joint Committee can exercise its discretion and make these decisions without consulting directly with the community or others having an interest in the decision.

8.4. The decision of the Joint Committee is in accordance with the Terms of Reference and decision making delegations adopted by Hawke’s Bay Regional Council resolution on 6 November 2019.

Recommendations

That the Hawke’s Bay Drinking Water Governance Joint Committee:

1. Receives and notes the Adoption of the Hawke's Bay Drinking Water Governance Joint Committee Terms of Reference staff report

2. Agrees that the decisions to be made are not significant under the criteria contained in Councils’ adopted Significance and Engagement policies, and that the Joint Committee can exercise its discretion and make decisions on this issue without conferring with the community.

3. Agrees the Terms of Reference (following) as adopted by all participating agencies.

Authored by:

Leeanne Hooper

Governance Lead

Approved by:

Liz Lambert

Group Manager Regulation

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Attachment/s

⇩1

Hawke's Bay Drinking Water Governance Joint Committee Terms of Reference

Hawke's Bay Drinking Water Governance Joint Committee Terms of Reference

Attachment 1

Hawke’s Bay Drinking Water Governance Joint Committee

Terms of Reference

Adopted by Hawke’s Bay Regional Council resolution 6 November 2019

1. Background

1.1. In August 2016 a significant water contamination event occurred that affected the Hawke’s Bay community of Havelock North. The Government established an Inquiry into the Havelock North water supply.

1.2. It became apparent during the Government Inquiry that in order to achieve a systematic approach to ensuring safe drinking water, there was a need to strengthen interagency working relationships, collaboration and information sharing pertaining to drinking water.

1.3. The Inquiry asked a Joint Working Group (JWG) initially comprising staff representatives of the

1.4. Hawke’s Bay District Health Board, Hawke’s Bay Regional Council and the Hastings District Council to implement its 17 initial recommendations. As this group has evolved it has become apparent that many drinking water issues will require an ongoing forum for regional collaboration and decision making. Napier City Council have also joined the Joint Working Group, as well as a Drinking- Water Assessor from the Central North Island Drinking Water Assessment Unit.

1.5. Ngāti Kahungunu Iwi Incorporated have called for the agencies involved in water management to view water as a taonga, the lifeblood of the land and people. They consider that drinking water should be set as the number one priority for water use in decision-making processes related to water.

1.6. It is within this context that the Hawke’s Bay Drinking Water Governance Joint Committee has been established. The principal focus of the Committee is on drinking water, however drinking water cannot be considered in isolation from other fresh water management issues. For that that reason the focus of the Committee will be twofold:

1.6.1. To provide governance oversight for planning and decision making on regional drinking water matters; and

1.6.2. To consider and make recommendations where appropriate to decision-making bodies with responsibility for broader freshwater management issues or planning or infrastructure issues that have implications for drinking water and/or drinking water safety.

2. Purpose

2.1. The parties agree that water is a taonga, the lifeblood of the land and people. They further agree that the Joint Committee established under this Terms of Reference is intended to give practical meaning and effect to this agreement.

2.2. The Committee is established to provide governance oversight to the existing JWG regarding the implementation of recommendations from the Inquiry Panel and then the evolution of the JWG into a more permanent officials working group.

2.3. In the context of this agreement including 2.1 and 2.2 above, the purpose of the Hawke’s Bay Regional Drinking Water Security Joint Committee is to give governance oversight and direction in respect of the following matters:

2.3.1. Programmes and initiatives to protect and enhance drinking water quality and safety

2.3.2. Improving and maintaining effective inter-agency working relationships relating to drinking water, including the extent and effectiveness of cooperation, collaboration and information sharing between the agencies, and mechanisms to achieve these desired outcomes

2.3.3. Provision of governance oversight of strategies and work programmes related to drinking water management, including drinking water sources and infrastructure matters

2.3.4. To recommend to the relevant bodies and decision making for changes to strategies and work programmes to protect and enhance drinking water quality and safety

2.3.5. To encourage the member parties to give adequate consideration of the safety of drinking water in the carrying out of their range of functions

2.3.6. To make recommendations as appropriate to relevant agencies and decision making fora on initiatives and priorities related to water, having regard to the needs of the region for adequate and secure water resources suitable for the supply of safe drinking water.

2.4. The geographic scope of the Joint Committee’s jurisdiction shall be over drinking water related matters on the land and catchment areas within territorial authorities who elect to be members of the Joint Committee (the participating territorial authorities) plus such other land and catchment areas within the authority of the Hawke’s Bay Regional Council that have an impact upon drinking water within the participating territorial authorities.

3. Members/Parties

3.1. If they elect to take up membership and establish the Joint Committee, each of the following shall be a Member Organisation of the Hawke’s Bay Drinking Water Governance Joint Committee and a party to this document and the establishment of the Joint Committee:

3.1.1. Hawke’s Bay District Health Board

3.1.2. Hawke’s Bay Regional Council

3.1.3. Central Hawke’s Bay District Council

3.1.4. Hastings District Council

3.1.5. Napier City Council

3.1.6. Wairoa District Council

3.2. Each member organisation may appoint two (2) representatives.

3.3. To ensure the work of the joint Committee is not unreasonably disrupted by absences each party may also appoint alternative representatives.

3.4. The Joint Committee shall appoint an Independent Chairperson of the Joint Committee.

3.5. Water is of particular importance to Māori, and Māori have certain statutory rights in respect of decision making relating to water under the Resource Management Act 1991 and the Local Government Act 2002. Some iwi representatives have been involved in discussions leading to the proposal for this Joint Committee but have not determined whether or not they wish to formally participate in the Joint Committee. Provision is made for iwi representation to be added to the Committee should iwi organisations with authority in respect of the geographic areas over which this Joint Committee has jurisdiction indicate that they wish to formally join the Committee.

3.5.1. Notwithstanding any decision by iwi organisations under e. above, the member organisations will take steps to consult with, and take into account the interests of, Māori as appropriate in terms of local authority decision making requirements in respect of matters before the Joint Committee.

4. Name

4.1. The Hawke’s Bay Drinking Water Governance Joint Committee shall be known as the Hawke’s Bay Drinking Water Governance Joint Committee (HBDWGJC).

5. Status

5.1. By agreement of the local authority members, the Hawke’s Bay Drinking Water Governance Joint Committee is to be established as a Joint Committee under clause 30 and clause 30A of Schedule 7 of the Local Government Act 2002.

6. Delegated Authority

6.1. The Hawke’s Bay Water Governance Joint Committee shall have authority to undertake such steps as are necessary to give effect to the purpose of the Hawke’s Bay Water Governance Joint Committee including but not limited to:

6.1.1. Establishing and amending as it sees fit the Terms of Reference for the JWG

6.1.2. Receiving reports from and giving direction to the officials Joint Working Group that leads interagency cooperation and work programmes on drinking water quality and safety and/or from the Chief Executives of the member agencies

6.1.3. Commissioning reports and studies

6.1.4. Making recommendations to members related to the security and safety of drinking water

6.1.5. Making recommendations to member organisations relating to strategies and work programmes.

6.1.6. Making recommendations to appropriate parties on matters within the purpose of the Joint Committee.

7. Administering Authority and Servicing

7.1. The members of the Hawke’s Bay Drinking Water Governance Joint Committee shall work with the JWG established to lead interagency cooperation and work programmes on drinking water quality and safety.

7.2. The Administering Authority of the Joint Committee shall be the Hawke’s Bay Regional Council.

8. The Remuneration

8.1. Each member organisation of the Hawke’s Bay Drinking Water Governance Joint Committee shall be responsible for the cost of its participation on the Joint Committee.

8.2. The Joint Committee shall agree on the apportionment of the costs of the Independent Chairperson on the recommendation of the JWG.

8.3. The JWG shall agree the apportionment of any costs arising from the work of the Joint Committee.

9. Meetings

9.1. The Standing Orders of the Hawke’s Bay Regional Council will be used to conduct Joint Committee meetings.

9.2. The Joint Committee shall meet not less than 6 monthly or at such other times and places as agreed for the achievement of the purpose of the Joint Committee.

10. Quorum

10.1. The quorum at any meeting shall be not less than eight (8).

11. Voting

11.1. The membership shall strive at all times to reach a consensus.

11.2. Each representative and the Independent Chairperson shall be entitled to one vote on any item of business.

11.3. There shall be no casting vote.

12. Chairperson and Deputy Chairperson

12.1. Member representatives shall appoint, by agreement, an Independent Chairperson who shall be entitled to one vote, and in the case of an equality of votes does not have a casting vote.

12.2. The Joint Committee shall also appoint, by simple majority vote from among the representatives, a Deputy Chairperson.

13. Variations

13.1. Any Member may propose an amendment (including additions or deletions) to the Terms of Reference which may be agreed to by the Joint Committee.

13.2. Once agreed to by the Joint Committee, amendments to the Terms of Reference shall have no effect until each member organisation has agreed to the amendment.

14. Good Faith

14.1. The parties to this Terms of Reference agree to act in good faith towards each other and to give effect to the purpose of the Joint Committee.

HAWKE’S BAY REGIONAL COUNCIL

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 13 February 2020

Subject: Independent Chairperson’s Appointment and Election of Deputy Chairperson

Reason for Report

1. This item provides the means for the Hawke’s Bay Drinking Water Governance Joint Committee (HB DWGJC) to:

1.1. re-appoint the current Independent Chairperson, or

1.2. initiate the process to select a new candidate for the role in accordance with its Terms of Reference, 3.4, or

1.3. elect a Chairperson from within its membership.

2. Also in accordance with the HB DWGJC Terms of Reference, 12.2, the Joint Committee is required to elect a Deputy Chairperson, by simple majority vote from among the representatives.

Joint Committee Chairperson

3. Throughout the process of establishing the Joint Working Group and HB DWGJC, it was envisaged that the Joint Committee would have an Independent Chair. To this end, an Appointments Panel was established at the first meeting of the Joint Committee on 24 October 2017 and subsequent to a selection and interview process, an Independent Chair appointed.

4. Mr Garth Cowie was appointed Chair of the Joint Committee in May 2018.

Deputy Chairperson

5. Expressions of Interest will be sought from amongst the appointees at the meeting, for the role of Deputy Chairperson and if there is more than one person interested a simple majority vote of those present and voting will be undertaken to determine the appointment.

6. The role of the Deputy Chairperson is to chair the meetings of the Joint Committee in the Chairperson’s absence and to represent the Joint Committee when requested.

Financial and Resource Implications

7. The costs of the Independent Chairperson, and the apportionment of those, are to be agreed by the Joint Committee on the recommendation of the Drinking Water Joint Working Group (DW JWG). The DW JWG will therefore seek the views of the HB DWGJC membership once the Chairperson’s remuneration has been agreed and the appointment made.

Decision Making Process

8. The Joint Committee is required to make decisions in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

8.1. The decision does not significantly alter the service provision or affect a strategic asset.

8.2. The use of the special consultative procedure is not prescribed by legislation.

8.3. The persons affected by this decision are the member agencies of the Hawke’s Bay Drinking Water Governance Joint Committee and their appointees

8.4. The decision is not inconsistent with an existing policy or plan.

8.5. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, the Joint Committee can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That the Hawke’s Bay Drinking Water Governance Joint Committee:

1. Receives and considers the “Independent Chairperson’s Appointment and Election of the Deputy Chairperson” staff report.

2. Agrees that an Independent Chairperson will be appointed for the HB DWGJC.

3. Confirms the re-appointment of Garth Cowie as the Independent Chairperson for the Hawke’s Bay Drinking Water Governance Joint Committee for the remainder of the 2019-22 Triennium.

4. Agrees to the appointment process for a new Independent Chairperson for the HB DWGJC, being:

4.1. Establishment of an Appointments Panel consisting of -------------

4.2. Appointments Panel to establish criteria for the role and seek expressions of interest

4.3. Appointments Panel to short-list candidates if required, and carry out interviews of those shortlisted

4.4. Appointments Panel to make recommendation for appointment, including remuneration, to the HB DWGJC.

5. Calls for nominations for Deputy Chairperson for the Hawke’s Bay Drinking Water Governance Joint Committee.

5.1. __________________ nominated by __________________, and seconded by _______________________

5.2. __________________ nominated by ___________________, and seconded by _______________________

5.3. There being no further nominations, a vote was conducted; the results of which were:

5.3.1. _________________ x votes

5.3.2. _________________ x votes

6. Confirms that ______________________ is elected Deputy Chairperson of the Hawke’s Bay Drinking Water Governance Joint Committee for the remainder of the 2019-22 Triennium.

Authored by:

Leeanne Hooper

Governance Lead

Approved by:

Liz Lambert

Group Manager Regulation

Joanne Lawrence

Group Manager Office of the Chief Executive and Chair

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 13 February 2020

Subject: Submission to Central Government’s Government Drinking Water Regulator and Regulations Proposals

Reason for Report

1. The purpose of this report is to allow the Committee to determine whether or not the Joint Committee should prepare a submission on the Taumata Arowai – Water Services Regulator Bill (the Bill) and, if yes, what the key themes of that submission should be.

2. Due to timing of the submission period delegated authority would need to be given to a sub-group to prepare the submission.

Officers’ Recommendation(s)

3. The paper recommends that the Hawke’s Bay Drinking Water Governance Joint Committee prepares and lodges a submission to the Health Select Committee on the Taumata Arowai – Water Services Regulator Bill by the closing date of 4 March 2020.

4. The paper further recommends that a sub-group comprising two Joint Committee representatives, along with JWG members representing HBDHB/drinking water assessors, HBRC, and two of the four territorial authorities, be delegated to prepare and lodge the submission.

Background/Discussion

5. In July 2019 Cabinet agreed to a suite of system-wide reforms to the regulation of drinking water. This included the establishment of a new, centralised drinking water regulator to support a stronger, centralised approach to drinking water compliance, monitoring and enforcement.

6. On 11 December 2019, the Taumata Arowai – Water Services Regulator Bill (attached) was introduced to Parliament.

7. The Bill implements decisions to establish a new regulatory body – Taumata Arowai – which will be responsible for:

7.1. administering and enforcing a new drinking water regulatory system (including the management of risks to sources of drinking water); and

7.2. a small number of complementary functions relating to improving the environment-tal performance of wastewater and stormwater networks.

8. The Bill:

8.1. sets out Taumata Arowai’s objectives, general functions, and operating principles;

8.2. establishes Taumata Arowai as a Crown agent, with a board; and

8.3. establishes a Māori Advisory Group to support Taumata Arowai by providing advice on Māori interests and knowledge, as they relate to its objectives, functions, and operating principles.

9. A separate Bill, the Water Services Bill, will contain all of the details of the new drinking water regulatory system, and provisions relating to source water protection and Taumata Arowai’s wastewater and stormwater functions. This Bill is being developed over a slightly longer timeframe, and is expected to be introduced to Parliament later in 2020.

Objectives of Taumata Arowai

10. Taumata Arowai’s objectives are to:

10.1. protect and promote drinking water safety and public health outcomes

10.2. effectively administer the drinking water regulatory system

10.3. build and maintain capability among drinking water suppliers and across the wider industry

10.4. give effect to Te Mana o te Wai, to the extent that Te Mana o te Wai applies to the functions and duties of Taumata Arowai

10.5. provide oversight of, and advice on, the regulation, management, and environmental performance of wastewater and stormwater networks

10.6. promote public understanding of the environmental performance of wastewater and stormwater networks.

Functions of Taumata Arowai

11. Taumata Arowai’s general functions are to—

11.1. provide national-level oversight, leadership, communication, and co-ordination in relation to—

11.1.1. drinking water safety and regulation, including the management of risks to sources of drinking water

11.1.2. the environmental performance, management, and regulation of wastewater and stormwater networks

11.2. identify and monitor matters that affect the safety of drinking water, and the environmental performance of wastewater and stormwater networks, including current and emerging contaminants

11.3. develop standards that relate to drinking water composition and develop other regulatory requirements and measures necessary to fulfil its responsibilities under this or any other enactment

11.4. provide oversight of, and information to central and local government in relation to,—

11.4.1. the development, operation, and effectiveness of standards, regulations, and other statutory requirements for wastewater and stormwater

11.4.2. compliance with, monitoring of, and enforcement of standards, regulations, and other statutory requirements affecting wastewater networks, stormwater networks, wastewater network operators, and stormwater network operators

11.5. monitor and enforce compliance with relevant drinking water legislation and standards, and other regulatory requirements for which Taumata Arowai has responsibility

11.6. facilitate, promote, or support research, education, and training, to support drinking water safety and regulation, the management of risks to sources of drinking water, and the environmental performance, management, and regulation of wastewater and stormwater networks; and

11.7. build and maintain the capability of drinking water suppliers to fulfil their regulatory responsibilities

11.8. provide guidance, advice, or information on matters that relate to drinking water safety and regulation, the management of risks to sources of drinking water, and the environmental performance, management, and regulation of wastewater and stormwater networks

11.9. identify, prepare, or promote national guidelines and good practices that relate to—

11.9.1. drinking water

11.9.2. wastewater networks, stormwater networks, wastewater network operators, and stormwater network operators; and

11.10. perform or exercise the functions, duties, and powers conferred or imposed on it by this Act or any other enactment

11.11. perform any other functions or activities that are consistent with its objectives and that Taumata Arowai considers are necessary or desirable to enable the achievement of those objectives, except functions or activities performed by any central government agency or another regulator

11.12. perform any other functions relevant to its objectives that the responsible Minister directs in accordance with

Matters for consideration in a submission

12. The Bill gives effect to the decisions in the 30 September Cabinet paper agreeing to establish an independent regulator for drinking water and certain environmental aspects of wastewater and stormwater management.

13. The following matters are potentially the points of any submission:

13.1. Funding – this is an unanswered question in the Bill and it potentially has a significant impact on the agencies on this Joint Committee as it is common practice that a significant portion of the funding for regulatory agencies comes from the regulated community. The Cabinet paper commented that “the legislation should equip the regulator with appropriate funding tools should those be needed in future”. The Bill does not include any such provisions and there is no clear idea of what the likely costs of apportionment of costs will be for the regulated community.

13.2. Capability – the establishment of Taumata Arowai, with up to 125-155 staff by year 5 – Many of these staff would need to have skills and knowledge of the drinking water industry and/or environmental regulation. While this is not specifically an issue for the Bill a submission could make the point to the Health Select Committee that a joint central/local government forum on workforce issues such as skill and capability gaps would be proactive and helpful.

13.3. Statutory independence – Taumata Arowai as a regulator should have statutory independence in respect of its compliance, monitoring and enforcement activities. There is no provision in the Bill that sets out that the regulator has statutory independence from Ministers. This is a standard provision of statutory legislation and needs to be included in the Act.

13.4. Governance – the Board will have oversight of a regulation-making power (ie. compliance, monitoring and enforcement) and while the skills listed for the board are fine there is a case for the regulated community having at least one voice in the Board. This could be done by requiring expertise in the provision and management of drinking water services as one of the skills required or it could be done by requiring appointment by at least one representative from the regulated community.

Options

14. The Joint Committee could choose not to prepare and lodge a submission, instead choosing to submit via their own agency, or not submit as the case may be.

15. Alternative options are to agree to prepare and lodge a submission on behalf of the Joint Committee covering the points outlined above, or to prepare and lodge a submission on different matters.

Significance and Engagement Policy Assessment

16. A decision on whether or not to lodge a submission, and what the theme of the submission should be, are not significant under the criteria contained in Hawke’s Bay Regional Council’s adopted Significance and Engagement Policy, and therefore the Joint Committee can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

17. In addition the Bill is open to the public for submissions and any person or organisation may make a submission.

Decision Making Process

18. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

18.1. The decision does not significantly alter the service provision or affect a strategic asset.

18.2. The use of the special consultative procedure is not prescribed by legislation.

18.3. The decision is not significant under the criteria contained in Council’s adopted Significance and Engagement Policy.

18.4. The decision is not inconsistent with an existing policy or plan.

18.5. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.

Recommendations

That the Hawke’s Bay Drinking Water Governance Joint Committee:

1. Receives and considers the “Submission to Central Government’s Government Drinking Water Regulator and Regulations Proposals” staff report.

2. Agrees that the decisions to be made are not significant under the criteria contained in Hawke’s Bay Regional Council’s adopted Significance and Engagement Policy, and that the Joint Committee can exercise its discretion and make decisions on this issue without conferring directly with the community or persons likely to have an interest in the decision.

AND either

3. Agrees not to prepare a submission on the Taumata Arowai – Water Services Regulator Bill

4. Agrees to prepare and lodge a submission on the Taumata Arowai – Water Services Regulator Bill, with the drafting and approval of submission to be delegated to …………. and…………… representing the Joint Committee, and ………… and ………….. representing the Joint Working Group.

Authored and Approved by:

Liz Lambert

Group Manager Regulation

Attachment/s

⇩1

Taumata Arowaithe Water Services Regulator Bill

HAWKE’S BAY REGIONAL COUNCIL

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 13 February 2020

Subject: Introduction to the Joint Committee, Its Role and Responsibilities

Reason for Report

1. The reason for this report is to provide the background to the establishment of the Drinking Water Joint Committee (JC) and the Drinking Water Joint Working Group (JWG) and highlight the roles and responsibilities of the agencies involved in these entities.

Executive Summary

2. Both the JC (governance) and the JWG (technical advisory) have arisen following the E.coli contamination of drinking water in Havelock North in August 2016 and the subsequent Government Inquiry into that event.

3. The work of the two entities is coordinated with the working group reporting through to the Joint Committee.

Background

4. In August 2016 a significant water contamination event occurred in Havelock North resulting in the death of up to 4 people and illness to thousands. The Government established an inquiry into the Havelock North water supply.

5. The Inquiry asked a Joint Working Group (JWG) initially comprising staff representatives of the Hawke’s Bay District Health Board, Hawke’s Bay Regional Council and Hastings District Council to implement its 17 initial recommendations. Over the succeeding years membership of the JWG expanded to include the other territorial authorities in Hawke’s Bay and Ngati Kahungunu Iwi Inc. The JWG has provided a forum for regional collaboration.

6. It is within this context that the Joint Governance Committee (JC) was established to provide governance oversight and further enhance regional collaboration around drinking water safety. The JWG continues in its capacity as an officials’ advisory group reporting to the Joint Committee.

Discussion

7. The Joint Committee is part of the governance structure of all of the participating councils. Representatives on the Joint Committee are accountable for ensuring that the agency that appointed them collaborates and contributes to the efficient delivery of safe drinking water to the region. Every agency is still legally responsible for the functions it is legislated to provide.

8. The purpose of the joint committee includes continuing the oversight provided by the Inquiry Panel once the Panel finished its process.

9. The focus of the Joint Committee is two-fold:

9.1. To provide governance oversight for planning and decision making on regional drinking water matters; and

9.2. To consider and make recommendations where appropriate to decision making bodies with responsibility for broader freshwater management issues or planning or infrastructure issues that have implications for drinking water and/or drinking water safety.

10. The roles and responsibilities of the JC and JWG respectively are summarised in the following table:

	*Drinking Water Governance Joint Committee*	*Drinking Water Working Group*
	· Governance and oversight of programmes and initiatives to protect and enhance drinking water quality and safety	· Develop and recommend programmes and initiatives to protect and enhance drinking water quality, quantity, safety and reliability.
Relationship Management	· Improving and maintaining effective inter-agency working relationships relating to drinking water, including the extent and effectiveness of cooperation, collaboration and information sharing between the agencies, and mechanisms to achieve these desired outcomes.	· Improve and maintain effective inter-agency working relationships relating to drinking water, including the extent and effectiveness of cooperation, collaboration and information sharing between the agencies, monitoring mechanisms to achieve these desired outcomes, and encouraging member parties to give adequate consideration to the safety and reliability of drinking water in the carrying out of their range of functions.
	· Provision of governance oversight of strategies and work programmes related to drinking water management, including drinking water sources and infrastructure matters	· Develop and recommend strategies, priorities and monitor the implementation of these in relation to drinking water management, including drinking water sources, infrastructure matters and drinking water emergency response.
	· To recommend to the relevant bodies and decision makers for change to strategies and work programmes to protect and enhance drinking water quality and safety	· Recommend strategies and actions to implement specific recommendations that result from the Inquiry or Joint Committee
Statutory Advocacy	· To encourage the member parties to give adequate consideration of the safety of drinking water in the carrying out of their range of functions	· Develop recommendations for the Joint Committee to take to relevant decision making fora (including bodies with responsibility for regional and district level planning), initiatives and priorities affecting drinking water and changes to strategies and work programmes to protect and enhance drinking water quality, quantity, safety and reliability, having regard to the needs of the region for adequate and secure water resource suitable for the supply of safe drinking water.
Statutory Advocacy	· To make recommendations as appropriate to relevant agencies and decision making fora on initiatives and priorities related to water, having regard to the needs of the region for adequate and secure water resources suitable for the supply of safe drinking water.

11. The Joint Working Group, under the direction of the Joint Committee, has carried out a number of tasks. The first set of these tasks were the delivery of recommendations from the Government Inquiry:

11.1. That the joint working group which has been set up with representatives form HDC, HBRC, DHB and DWA (the “Water Safety JWG”) continue its work with each of the members committing to cooperate with each other, and work positively in the interest of drinking water safety

11.2. That the JWG meet regularly, an as frequently as required to maintain effective oversight of all issues relating to the safety of the Havelock North drinking water supply for at least the twelve months from 12 December 2016

11.3. That the JWG members notify each other, and keep each other informed, of any information that could affect drinking water safety risks.

11.4. That the JWG pursue investigations into aquifer matters of potential relevance to drinking water safety over the next 12 months

(There were a number of very operational recommendations relating to the JWG and the Havelock North water supply which have been attended to through the JWG work plan and have been completed.)

12. Following on from these further key deliverables include:

12.1. The development of an inter-agency communications protocol for addressing groundwater contamination affecting drinking water supplies

12.2. The development of objectives, polices and rules for HBRC’s TANK Plan change (covering the Heretaunga Plains) to identify and implement source protection zones for the management of land use in the vicinity of municipal drinking water sources.

12.3. An understanding of a common risk management approach through the territorial authorities’ Water Safety Plans.

12.4. Report on water aging (commissioned from GNS) to consider the implications on private supplies in areas where young water may be present.

13. The Joint Working Group Work Plan is presented in more detail for the Committee’s approval in a separate agenda item.

Next Steps

14. The JC/JWG have now been in place for three years. They are achieving a high level of cooperation and collaboration among their member agencies.

15. The urgent matters that required attention to reinstate the safety of the Havelock North drinking water supply have been dealt with. The new issues likely to face the Committee and the Working Group over the coming triennium will include:

15.1. Consideration of, and responding to, the changes proposed to drinking water supply management by government legislation especially the Water Services Regulator Bill and the Water Services Bill;

15.2. Consideration of and responding to, any changes that may result to drinking water management and other essential services through the Three Waters Review being undertaken by government;

15.3. The possibility of legal requirements for agencies to have greater oversight of self-supply drinking water.

15.4. Work on further source protection zones, similar to that for the TANK plan change, for other parts of Hawke’s Bay.

Decision Making Process

16. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

That the Hawke’s Bay Drinking Water Governance Joint Committee receives and notes the “Introduction to the Joint Committee, Its Role and Responsibilities” staff report.

Authored and Approved by:

Liz Lambert

Group Manager Regulation

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 13 February 2020

Subject: Three Waters Governance Funding Review

Reason for Report

1. To update the Drinking Water Governance Joint Committee on the announcement from Central Government of $1.55M for the Hawke’s Bay Three Waters Review on 27 January 2020.

Executive Summary

2. Local Government Minister Nanaia Mahuta announced on Monday, 27 January $1.55M of Government funding to support the Hawke’s Bay Three Waters Review.

3. The $1.55m for Hawke’s Bay comes following an application from Napier City Council, Hastings District Council, Central Hawke’s Bay District Council, Wairoa District Council and Hawke’s Bay Regional Council to support their joint investigations into regional three waters service delivery options.

4. The Government funding contribution to Hawke’s Bay councils has been granted against relevant criteria whereby new three waters arrangements:

4.1. have substantial support and commitment from multiple and/or most councils within a region, or across regions;

4.2. retain public ownership of existing three waters assets;

4.3. contribute towards Te Mana o te Wai; and

4.4. address current and future challenges for the delivery of three waters services

5. The 27 January 2020 announcement of funding from Government will now enable:

5.1. detailed analysis of the potential service delivery options including the flow-on impacts on each council;

5.2. assessment of potential service delivery options in anticipation of any future changes to regulation; and

5.3. design and implementation of a comprehensive communication and engagement strategy to support the review process

6. The first phase of the three waters project is expected to conclude in September 2020 with delivery of a report to Councils for consideration. Further scheduled phases of the review are dependent on the approval of Councils and the Government to proceed, with completion anticipated within the second half of 2021.

Three Waters Project Process	Likely Timing
1. Commence community engagement to ensure understanding and seek support for the purpose of the review, what it means for the people of Hawke’s Bay and how/when they will be able to have their say	February – September 2020
2. Detailed analysis of service delivery options and assessment of regional 3 waters infrastructure and full report to Councils providing recommendation for a preferred option 3. Engagement with Hawke’s Bay communities to communicate the review report & councils’ decision; and what will happen next	September 2020
4. Region-wide community consultation on the options and the preferred option	First half of 2021
5. Councils’ final decision to proceed to implement preferred option 6. Decision and implementation process advised to the community	Second half of 2021

Background

7. Central Hawke’s Bay District Council, Hastings District Council, Hawke’s Bay Regional Council, Napier City Council and Wairoa District Council are working together to review the current and potential three waters (drinking, waste and storm) service delivery options for the region.

8. Central government is undertaking a significant reform programme to transform drinking, storm and wastewater. Late last year the Taumata Arowai – the Water Services Bill was introduced into parliament. This legislation will create a new regulatory authority to oversee, administer and enforce a revised three waters regulatory system. These reforms will have significant implications for three waters service delivery and Councils need to adapt their approaches to meet the new requirements. Status quo service delivery arrangements will not be adequate to meet the requirements of new three waters regulations going forward.

9. Central government supports the Hawke’s Bay three waters review and the Minister’s funding announcement attests to that support. Hawke’s Bay now has the opportunity to provide further perspective into the Central Government review on developing options to address the key concerns on regional solutions to improve the management of drinking water, storm water and wastewater.

10. The project aligns with the region’s strategic priority for the 2019-22 triennium – water safety, security and planning - agreed by the Hawke’s Bay Leaders Forum on 25 November 2019.

11. The project is divided into four phases, each costed and funded separately. For the work completed already and the next stage of analysis and assessment, Councils have collectively committed $200,000, and government has now committed to a funding contribution of $1.55m for the next phases, subject to Councils and Government’s decisions to proceed at each stage.

12. Any further commitment is subject to Councils deciding to proceed once the review report and recommendation on a preferred option is presented in September.

13. Since Councils approved the review in February 2019, the first phase has involved defining key principles and objectives, an assessment of the current state of three waters service delivery in Hawke’s Bay and preliminary analysis of potential options that range from enhanced status quo models through to a regional Council Controlled Organisation.

14. With government funding confirmed, we can now progress the more detailed analysis of options for new service delivery arrangements, the scale of investment needed, the skills and expertise we will need, operational considerations, challenges and benefits.

15. Design of a comprehensive communication and engagement strategy to support the Review process is also underway, with the intention that engagement with mana whenua/Māori partners and wider community engagement should begin as soon as possible. This will ensure that ahead of the review report being presented to Councils in September, our Treaty Partners and the people of Hawke’s Bay understand and support the review’s purpose, know what the process is and how they will be able to have their say. Internal engagement with councils’ water services teams will also be an important priority throughout the review process.

16. The need for investment into three waters infrastructure across Hawke’s Bay is a significant challenge and we need to be able to meet the requirements of any future changes to regulation. This review means we can fully evaluate the scale of capital, capacity, resources, capability and operational challenges in front of us and work together to determine the best solution for the entire region.

Discussion

17. The aim of the review is to come up with a regional solution so our three waters services are safe, reliable and resilient, affordable and effective, and support our urban and rural communities through a service delivery model that has the value of water at its heart.

18. Any decisions made by councils need to be backed up by detailed information and robust analysis. It is important that we complete all of the detailed work required so the councils can fully evaluate all of the options.

19. No change to three waters service delivery arrangements can happen without the understanding and support of the people of Hawke’s Bay and that is why we are committed to partnering closely with Māori and involving the wider community.

20. Should the review report recommend changes and the councils want to take the next step in considering change, then councils will run a comprehensive community engagement and consultation process, which is likely to happen in 2021. Mana whenua and the people of Hawke’s Bay across the region’s rural and urban communities will be able to have their say on all of the options considered, not just the councils’ preferred option.

21. There is no foregone conclusion and no preferred option yet; there is considerable analysis and consultation to come. The whole process will not be completed until the end of next year, and only after all the feedback from mana whenua and the region-wide community is taken into account will councils collectively decide on whether to proceed with a new regional service delivery model.

22. It is important we get this right for Hawke’s Bay. As councils we all share responsibility for ensuring our communities enjoy safe and reliable, resilient and efficient drinking, waste and storm water services, so it makes sense that we work together with you, our community, to ensure the most sustainable service delivery arrangements for the Hawke’s Bay region.

Next Steps

23. The funding announcement now allows us to proceed with our Three Waters Review project plan and engage the resources to support the work streams of activity. These workstreams include:

23.1 detailed analysis of the potential service delivery options including the flow-on impacts on each council;

23.2 assessment of potential service delivery options in anticipation of any future changes to regulation.

24. development & implementation of a regional communications and engagement strategy to ensure our communities and mana whenua are fully engaged and consulted on the need for a regional approach to future-proofing the way we manage three waters in Hawke’s Bay, options being considered and why.

Decision Making Process

25. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

This report is for information purposes only. No decision is required of this committee. It is recommended that the Hawke’s Bay Drinking Water Governance Joint Committee receives the “Three Waters Review Funding Announcement ” report.

Authored by:

Toni Goodlass

HB LASS Programme Manager

Approved by:

Liz Lambert

Group Manager Regulation

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Hawke's Bay Drinking Water Governance Joint Committee

Thursday 13 February 2020

Subject: Drinking Water Joint Working Group Work Plan

Reason for Report

1. To provide an update on the Joint Working Group’s (JWG) work plan.

Background

2. The Joint Committee monitors the progress of the JWG progress on its work through a Work Plan. The JWG has been systematically working this plan over the last three years. Most of the original actions arising from the Inquiry Panel’s directions have been completed, and what remains is being continually monitored and updated.

3. In 2018 the Committee directed the JWG to prioritise its actions. The work plan is now updated and priorities amended, if required, at every JWG meeting.

Discussion

4. The Joint Working Group has now been operating for three years. The focus of the first term was, firstly, the immediate steps to be taken to resolve Havelock North Drinking water issues and, secondly, completion of the work required to input into the TANK plan change

5. With the completion of these the priority actions for the JWG are now proposed as:

5.1. Greater focus on sharing of information/knowledge/skills across agencies to enhance consistency of approach and to fill knowledge gaps. This will include federated approach to data sharing and gaps analysis about what information is missing;

5.2. The development of a Joint Emergency Response Plan to enhance preparation for potential scenarios where drinking water access is lost or interrupted.

6. In addition to these priorities as part of its kaupapa the JWG will be reviewing new and amended requirements from central government on the management of drinking water and preparing responses for consideration by the Joint Committee.

Decision Making Process

7. Staff have assessed the requirements of the Local Government Act 2002 in relation to this item and have concluded that, as this report is for information only, the decision making provisions do not apply.

Recommendation

That the Hawke’s Bay Drinking Water Governance Joint Committee receives and notes the “Drinking Water Joint Working Group Work Plan” staff report.

Authored and Approved by:

Liz Lambert

Group Manager Regulation

Attachment/s

⇩1

Drinking Water Joint Working Group - Work Plan 2020